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‘I only scratched my head with phone’ driver convinces court

A court in the Rhineland has let a man off a fine for using a mobile phone while driving, after he convinced them he was simply using it to scratch his ear.

‘I only scratched my head with phone’ driver convinces court
Photo: DPA

“If someone holds their phone and moves it from one place to another but doesn’t use it for its actual purpose – either by typing or talking – that’s not a breach of traffic law,” judge Dietmar Adam said on Wednesday, the Rheinische Post reports.

The 22-year-old defendant's lawyer successfully argued that this is exactly what happened when his client was collared by police.

Far from holding the phone to his ear his client “was scratching himself with it because he had a rash on his face,” the lawyer claimed.

The judge was convinced by the argument because the young man’s face was inflamed by a rash at the time of his court appearance.

“I picked up the phone from the footwell of the car and reflexively scratched my face with it,” the man from Leverkusen said. “The I put it back down on the passenger seat.”

Neither the judge nor the policeman who was called as witness could disprove this version of events.

Andreas Hölzel of the German Automobile Association (ADAC) told The Local that using a mobile phone at the wheel is highly inadvisable.

“Using a phone while driving is rightly viewed as highly dangerous. How much danger it poses can only be estimated. Email, Whatsapp and other [written forms of communication] are a particular distraction,” he said.

He added that the penalty for using a phone at the wheel in Germany has recently been increased and that in the view of the ADAC this was a correct decision.

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DRIVING

EXPLAINED: The rules for riding an e-scooter in Germany

The popularity of electric scooters in Germany has exploded in the last few years, but many people still aren't sure what the rules for driving them are. We break them down.

EXPLAINED: The rules for riding an e-scooter in Germany

Germany is currently the world’s second-largest market for e-scooter rental after the USA, which might explain why you have the feeling that you’re seeing the electric vehicles everywhere these days, at least in cities. 

According to a recent survey by ADAC,15 percent of people in Germany aged 16 and over regularly use e-scooters. Of these, 45 percent own their own scooter, while 55 percent rent the vehicles from sharing services.

Here are the rules for driving an e-scooter that you need to know.

Who can drive an e-scooter?

Anyone over the age of 14 can ride an electric scooter and you don’t need to have a driving license to use one. However, many of the traffic rules for motorists also apply to e-scooter riders, and misbehaving on a scooter could end up costing you points on your driving license or even getting you a driving ban.

READ ALSO: Driving in Germany: Eight German road signs that confuse foreigners

Can more than one person ride an e-scooter?

No. Only one person is allowed to ride a scooter and if you are caught riding in two, you will get a €10 fine.

Although it might be fun, riding side by side on two scooters is also not allowed and can be punished with a fine of between €15 and €30. Instead, you and your friends have to ride in single file.

Where can you ride an e-scooter?

E-scooters are principally allowed on bike paths and in bike lanes and you can only drive them on the road if there is no bike lane available. If you do drive on the road, you must keep as far to the right as possible and you are not allowed to ride in bus lanes.

It’s also forbidden to ride an e-scooter on the motorway – doing so will get you a €20 fine. 

Riding an e-scooter on the pavement, in pedestrian-only zones, or in one-way streets against the direction of traffic is also not allowed and can land you a fine of between €15 and €30.

However, e-scooters are allowed on one-way or no-entry roads which have a “cyclists free” sign.

A no-entry sign with a “cyclists free” sign underneath. This sign also applies to e-scooters. Photo: picture alliance / dpa | Jens Kalaene

Which traffic light rules apply to electric scooters?

E-scooter riders have to abide by traffic lights just like motorists, and the fine for ignoring a red light on an e-scooter is between €60 and €180.

However, if there is also a traffic light for bicycles, e-scooter riders can follow this one instead.

Is there an alcohol limit for electric scooters?

Yes, the same alcohol limits for motorists apply to electric scooter riders.

This means that anyone who drives with a blood alcohol level of between 0.5 to 1.09 is liable for a fine of €500, a 1-month driving ban and 2 points on their driving license.

It’s a criminal offence to ride an electric scooter with a blood alcohol concentration of at more than 1.1, as is causing an accident with a blood alcohol level of more than 0.3.

Under 21s must be completely alcohol free – with a blood alcohol level of 0.0 – to ride an e-scooter.

Where can e-scooters be parked?

E-scooters can be parked at the roadside, on the pavement and in pedestrian zones with designated e-scooter parking areas. However, e-scooters must be parked in such a way that they don’t obstruct or endanger pedestrians or other road users. 

Parked e-scooters in Stuttgart. Photo: picture alliance/dpa | Christoph Schmidt

Which rules are there for e-scooter owners?

If you’ve upgraded from renting to owning your own scooter, there are certain requirements you have to be aware of. 

Firstly, it’s mandatory to have liability insurance and a special sticker (similar to a license plate) stuck to the scooter to show that it is insured.

READ ALSO: German words you need to know: Haftpflichtversicherung

E-scooter owners also have to make sure that they have two independently working brakes and lights. 

Which other rules should I be aware of?

As with driving a car or cycling, you are not allowed to use your mobile phone while riding an e-scooter (which is pretty challenging anyway). If you’re caught doing so, you’ll get a €100 fine and a point on your driving license. 

It’s not mandatory to wear a helmet when riding an e-scooter, though it is recommended. 

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